Before someone in Utah even contemplates divorce, it needs to be determined if the marriage was even valid; otherwise divorce cannot take place since there is no legal marriage to end. Instead, an annulment would be the proper option. The following are a few types of different valid marriages:
Persons With STD’s and Interracial Marriages
At one time during Utah’s history, marriage was prohibited to anyone with AIDS, syphilis, or gonorrhea if the disease was communicable or could become communicable. In the 1990’s Utah law changed, however, and now marriages to people with STD’s are valid and were made valid retroactively. Interracial marriages were validated as well.
Marriages Solemnized in Another Country, State or Territory
Marriages solemnized in another country, state, or territory are valid in Utah if they are valid where they took place unless they violate one of the following: 1.) there is a spouse living, from whom the person marrying has not been divorced; 2.) the person is under 16 years old; 3.) same sex marriages; or 4.) the parties are related within three degrees of consanguinity.
A marriage taking place in another country, state, or territory are given more leeway with respect to consanguinity. If the marriage is valid where it occurred, it will be valid in Utah unless the parties are related within the third degree of consanguinity. In a marriage occuring in Utah, however, it will be void if the parties are related within but not including the fifth degree of consanguinity. So if one married his first cousin in a place outside Utah where it was legal to do so, and then moved to Utah, the marriage would not be valid.
Marriages In Prison
Sometimes individuals want to marry in Utah while serving a sentence in prison. A marriage solemnized in prison is valid but the warden may refuse to permit a marriage because of Board of Corrections’ rules and regulations. A warden’s refusal does not violate the parties’ constitutional rights.
Is Your Marriage Valid Making a Divorce Proper?
If you are considering divorce and have questions about whether your marriage is valid call the attorneys at the Salcido Law Firm. The Hotline’s lawyers will expertly inform you about the validity of your marriage and whether a divorce is proper or another form of action would be necessary such as an annulment. Call a divorce attorney today at 801.618.1331.